ADA Claims Attorneys Being a Strong Advocate for Their Clients
Have you been in a situation where an employer treated you differently due to your disability? Have you missed opportunities to advance in your career because of a boss who finds your disability limiting? Have you been employed at a workplace that refuses to make accommodations for your disability needs? Have you been let go from a position for no other viable reason than your disability? Have you been denied access to a public building or public transportation because you couldn’t access it due to your disability? Have you spoken about filing a claim about disability discrimination, and someone coerced you not to file the lawsuit?
Unfortunately, you are not alone. I always hear these unlawful stories, and we must work together to change them and protect those affected. There are laws to protect your rights, and you have every right to defend yourself. I have worked with countless clients over the years who have expressed these concerns, and I will work just as hard for you as I have with them to correct the wrongs you are experiencing. Discrimination is not only illegal; it can cause years of anguish, unnecessary demotions or denial of positions, harassment, and more. Contact me at 407-499-5680 to learn more about how I can help you defend your rights and protect you from further discrimination defined by the Americans with Disabilities Act.
What Rights Do I Have?
The Americans with Disabilities Act was created in 1990 and was designed to protect those with disabilities. It covers not only illegal discrimination in the workplace but also covers several other areas. We will summarize these five different areas below. Read on to learn more.
The first area relates to your place of employment. As mentioned above, there are several workplace discrimination opportunities, and it’s more common than you think. Employers must provide reasonable accommodations to those with disabilities to allow them to perform their job duties. In addition to that, employers are not allowed to make judgments involving hiring, firing, promoting, demoting, or changing the status of employment in any other way for an employee that has disabilities, unless they are changing the environment to allow for the employee to perform their job better or shifting their responsibilities in a reasonable manner that will enable them to continue to thrive.
The second and third areas deal with state and local government services and other public accommodations, such as public transportation, city and government building accessibility, and more. It is unlawful for public buildings, transportation options, and more to not make accommodations for those with disabilities. If you cannot gain access to a public library or a government building, for example, due to disability, this is a violation punishable by the ADA. In the same regard, this is also a violation if you cannot access a city bus or other city transportation options.
Telecommunications is the fourth area and deals with things like closed captioning on television or phone services that provide relay service and other services for the deaf. Companies must prioritize access and deliver these services to accommodate those with disabilities.
The fifth area is called Miscellaneous because it refers to a wide range of discrimination that you are protected from. It can range from harassment of those with disabilities to coercing or blackmailing those that are trying to defend their rights stipulated by the ADA.
What Types of Disabilities are Covered by the ADA?
Substantial impairments are protected under the ADA. By substantial, it must mean that the impairment severely restricts or limits a significant life activity, such as seeing, hearing, walking, breathing, speaking, learning, working, caring for oneself, or performing manual tasks. Regulations define both physical and mental impairments under ADA. Things like emotional or mental illness, psychological disorders, organic brain syndrome, and more are also covered.
Can My Employer Ask for Proof of my Disability?
An employer cannot legally ask you to provide medical proof through an examination before offering you a job. They also aren’t allowed to require you to take one as a condition of employment or once employed unless other employees are asked to do the same. Employers are also not allowed to ask if you are disabled or the severity of your disability. They can ask you if you can perform the duties required for your position with or without reasonable accommodation. They are also legally allowed to ask you to demonstrate how you would perform these duties with or without reasonable accommodations made by the employer.
What Are Examples of Reasonable Accommodations?
Reasonable accommodations can be defined as minor adjustments or modifications to the job or the work environment that will enable an employee or an applicant with a disability to perform their job duties better than without. Examples can be modifying a work schedule, providing readers or interpreters, restructuring the job or training necessary to complete the assigned tasks, or reassigning the employee to a vacant position within the company for which the employee is qualified.
There is no requirement, however, for the employer to find a position that the individual can perform if reasonable accommodations will not make the positions available viable for the individual. The employer is also not required to lower production or quality standards to accommodate employees with disabilities.
An employee may request a reasonable accommodation if the employer is aware of the disability and the disability is of record by the individual (via documentation from a doctor or a letter from the ADA). If the accommodations are considered to incur “undue hardship,” the employer can legally deny the request. “Undue hardship” is defined as “an action requiring significant difficulty or expense.” These factors are considered on a case-by-case basis; there is no black-and-white for which employers will be required to make accommodations and which will not. If the employer is a more significant business with the means to make the accommodations requested, it will generally mean that they will be required to do so.
What Do I Do if I Feel I’ve Been Discriminated Against?
Suppose you feel like you have been discriminated against in any of the areas listed above that the ADA protects. In that case, it is incredibly beneficial to you to hire an experienced immigration attorney that handles discrimination cases. Some timelines also need to be followed; for example, you must file a complaint within a specific time from when the discrimination occurred to have a viable case. Document what you feel is discrimination, keep this document current by adding in any other details surrounding the activities that are happening, and speak with a trusted and knowledgeable attorney.
I have worked with countless clients in the past to protect their rights and ensure that they find relief from what they are experiencing. No one should feel that they are being treated any differently than anyone else based on their disabilities or other reasons. Contact my law firm today at 407-499-5680, and we can discuss your specific details and put together a strategy that will protect your rights now and moving forward.